[2023] KEELC 16223 (KLR)
The court found that the interim orders for maintenance of status quo, initially granted on July 28, 2022, were expressly brought to an end by the court's order of October 19, 2022, which stated that 'for ANY interim orders given herein, the same shall not be extended.' The use of the word 'any' was interpreted to...
Source-derived case information.
- Citation
- [2023] KEELC 16223 (KLR)
- Parties
- Applicant: Samora Sikalie (Chairman) Suing on behalf of Karen Langata District Association; Respondent: Nairobi City County Government; Interested Party: Director General Nairobi Metropolitan Services; Interested Party: Director General National Environment Management Authority; Interested Party: Parliamentary Service Commission; Interested Party: Arprim Consultants
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Constitutional Petition E027 of 2022
- Procedural Posture
- Constitutional Petition / Ruling on Oral Application for Extension of Interim Orders
- Outcome
- application dismissed
- Judges
- LN Mbugua
- Legal Topics
- Interim Orders, Status Quo Orders, Extension of Orders, Environmental Governance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samora Sikalie (Chairman) Suing on behalf of Karen Langata District Association
Applicant
Nairobi City County Government
Respondent
Director General Nairobi Metropolitan Services
Interested Party
Director General National Environment Management Authority
Interested Party
Parliamentary Service Commission
Interested Party
Arprim Consultants
Interested Party
Procedural Posture
Constitutional Petition / Ruling on Oral Application for Extension of Interim Orders
Legal Issues
- 1 Whether the interim orders issued on August 2, 2022, subsisted beyond October 19, 2022.
- 2 Whether the court can extend interim orders that have already lapsed.
Ratio Decidendi
The court found that the interim orders for maintenance of status quo, initially granted on July 28, 2022, were expressly brought to an end by the court's order of October 19, 2022, which stated that 'for ANY interim orders given herein, the same shall not be extended.' The use of the word 'any' was interpreted to mean all existing interim orders, and thus, none remained in force after that date. Consequently, the court held that it could not extend orders that no longer existed, rendering the applicant's oral application for extension of interim orders unmerited.
Court Disposition
application dismissed
Orders
- The application for extension of interim orders is dismissed.
Full Case Text
Judgment text and source record
29 paragraphs
Sikalie (Chairman) Suing on behalf of Karen Langata District Association v Nairobi City County Government; Director General Nairobi Metropolitan Services & 3 others (Interested Parties) (Environment and Land Constitutional Petition E027 of 2022) [2023] KEELC 16223 (KLR) (2 March 2023) (Ruling)
Neutral citation: [2023] KEELC 16223 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment and Land Constitutional Petition E027 of 2022
LN Mbugua, J
March 2, 2023
Between
Samora Sikalie (Chairman) Suing on behalf of Karen Langata District Association
Applicant
and
Nairobi City County Government
Respondent
and
Director General Nairobi Metropolitan Services
Interested Party
Director General National Environment Management Authority
Interested Party
Parliamentary Service Commission
Interested Party
Arprim Consultants
Interested Party
Ruling
1. This ruling relates to the oral application made on February 20, 2023 by the petitioner for the extension of the interim orders issued on August 2, 2022. It is contended that the said orders were never vacated and relate to maintenance of status quo.
2. Both the Respondent and the Interested Parties have opposed the application averring that any such interim orders were vacated on October 19, 2022.
3. I find that on July 28, 2022, the court gave interim orders of maintenance of status – quo until further directions were given by the court.
4. On October 19, 2022, the court gave orders as follows'For ANY interim orders given herein, the same shall not be extended.'
5. 'Any' means 'all indiscriminately' meaning any subsisting interim orders came to an end on October 19, 2022, thus the court cannot extend that which does not exist. It follows that the application for extension of interim order is not merited.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 2ND DAY OF MARCH, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Mrs. Lichuma for PetitionerMwanyia for RespondentMr. Angaya for 3rd Interested PartyM/s Ambao holding brief for Mr. Amadi for the 4th Interested PartyCourt assistant: Vanilla